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Anonymous
Lifehacker: How To Sue Equifax 2017-09-16 02:14:05 Post No. 3497009
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Lifehacker: How To Sue Equifax 2017-09-16 02:14:05 Post No. 3497009
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>If Equifax’s security incident last week has you thinking about a lawsuit, you’re not alone. From hiring your own lawyer to representing yourself in small claims court or joining a class-action lawsuit, there are a number of ways you can take your frustration about the incident to the courts.
>Small-claims court is likely your best bet if you want to sue Equifax personally. If you’re not a lawyer, then filling out all that legal paperwork can be a bit daunting. One startup, Do Not Pay, has revamped its chatbot typically used to argue parking tickets to help filling out small claims forms for suing Equifax.
>Filing a small claims court case isn’t free. A startup called Legalist is offering to pay the fees involved in filing a small claims case against Equifax for anyone that was affected by the incident.
>Motherboard reports that if you sign up with them, they’ll mail you a check to cover the cost of filing (typically between $70 and $100). In exchange, the group will give you a pre-filled legal complaint to send to the court. However, if you win, you’ll have to give the company 30% of the judgment. Depending on how much you’re suing for, that cut might be a lot more than the $100 that the company gave you to file the suit.
>USA Today reports that there are currently at least 23 different class-action suits filed across the United States against Equifax. All of those 23 suits were filed by individuals who are attempting to have their case certified by the court. Here’s a good rundown on how class action lawsuits work.
>When a case is certified by the court, then it will automatically include everyone who was affected by the case. There’s also a chance some of these 23 cases (or all of them) will be consolidated into a single case that will include everyone affected by the incident.
https://www.newsmediawatchdog.com/single-post/2017/09/15/How-To-Sue-Equifax
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>suing someone because they got hacked
Good luck. You'd have to show overwhelming negligence on their part.
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>>3497083
Not in California!
>Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.
http://codes.findlaw.com/ca/civil-code/civ-sect-1714.html
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>>3497138
It is. You'll never convince a jury to award you money because they got hacked. They'll tell you to sue the hacker.
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>>3497159
Nope. Equifax has a duty of care that they obviously breached (by getting hacked) and a duty t limit damages (i.e. to notify in timely manner). I would argue they failed to do both and therefore are liable under 1714. It would probably fly in small claims.
Besides, if there are enough small-claims suits in California their registered agents wont be able to cover. Attorneys, in CA, generally are not allowed for small claims so they can't just farm it out to whoever is representing them.
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>>3497159
If the company displayed negligence you can easily do it though
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>>3497159
Also... Jury? LOL dude. This is small claims court for 10k. Not a fucking jury trial. A bench trial.
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